JIOSHVILI AND OTHERS v. RUSSIA

SECOND SECTION

DECISION

Application no. 8090/09
Mevludi JIOSHVILI against Russia
and 35 other applications
(see list appended)

The European Court of Human Rights (Second Section), sitting on 12 March 2024 as a Committee composed of:

 Jovan Ilievski, President,
 Lorraine Schembri Orland,
 Diana Sârcu, judges,

and Dorothee von Arnim, Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the decision to give notice of applications nos. 12943/09, 12959/09, 13798/09, 13802/09, 13807/09, 13845/09, 22545/09, 14057/09, 14661/09, 14670/09 and 25892/09 to the Russian Government (“the Government”), represented successively by Mr G. Matyushkin, Mr M. Galperin and Mr M. Vinogradov, Representatives of the Russian Federation at the European Court of Human Rights,

Having regard to the partial decision taken on 19 October 2021 in respect of applications nos. 8090/09, 8104/09, 8121/09, 8129/09, 8133/09, 8135/09, 8145/09, 8154/09, 8168/09, 8180/09, 8182/09, 8202/09, 8228/09, 8233/09, 8237/09, 8239/09, 8240/09, 8262/09, 8375/09, 8724/09, 9465/09, 14681/09, 19779/09, 45691/09 and 47954/09 (Jioshvili and Others v. Russia (dec.), nos. 8090/09 and 58 others) to give notice to the Government of the applicants’ complaints in so far as their alleged inability to access their homes and property is concerned and to declare the remainder of the applications inadmissible,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1.  The applications listed in the appendix concern an international armed conflict that occurred between Georgia and the Russian Federation in August 2008. Its chronology was described in the Court’s judgment in the inter-State case of Georgia v. Russia (II) ([GC] (merits), no. 38263/08, §§ 32-44, 21 January 2021).

2.  The applicants’ complaints regarding their alleged inability to access their homes and property were communicated to the Government on 19 October 2021. The latter did not submit observations on the admissibility and merits of the applications.

3.  By letter dated 15 November 2022, delivered on 21 November 2022, the applicants were invited to submit by 9 January 2023 their written observations, together with any claims for just satisfaction. No response followed.

4.  On 31 July 2023 the applicants were notified, through their representative, that the period allowed for the submission of their written observations, together with any claims for just satisfaction, had expired and that no extension of time had been requested. Their attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter was delivered on 15 August 2023. No reply followed.

5.  The applications concern Article 1 of Protocol No. 1 (all applicants) and Article 8 of the Convention (application no. 22545/09). They were communicated to the Government on 24 August 2011. The applicants were initially represented by Mr S. Papuashvili, a lawyer practising in Tbilisi on behalf of the Human Rights Centre, a non-governmental organisation (NGO).

6.  On 14 June 2019 Ms N. Londaridze of the same NGO informed the Court that she was taking over the representation of the applicants. She was invited to submit duly completed and signed authority forms.

7.  On 31 July 2019 Ms Londaridze informed the Court as follows: “the applicants live in different IDP settlements, and most probably they have changed their accommodations in different regions for the past decade, [and] despite our effort we could not contact them on the phone and could not identify their new [addresses] so far. In this light, we now need to apply [to] the State institutions for ... help to find the new addresses of the applicants [and] that requires additional time.” On 21 August 2019 Ms Londaridze was invited to submit duly completed and signed authority forms for the applicants as soon as contact with them was re-established.

8.  On 24 January 2020 Ms Londaridze submitted authority forms in respect of another conflict-related case but not in respect of the present applications. No further correspondence has been received by the Court regarding these applications.

9.  The applicants submitted application forms in Georgian and did not formulate their complaints with regard to specific provisions of the Convention or its Protocols.

10.  On 18 March 2009 the applicants were invited by the Registry to submit completed application forms by 13 May 2009. They were warned that failure to reply to the letter would result in the destruction of the files opened in respect of their submissions.

11.  On 2 March 2011 the applicants were sent a letter reminding them of the obligation to submit the application forms. That letter set a new time-limit of 29 April 2011.

12.  The applications were communicated to the Government on 24 August 2011.

13.  No reply to any of the Court’s letters was received, nor were any of them returned to the Court. No other correspondence has been received from the applicants since the incomplete applications were lodged in 2009.

14.  The applicants’ complaints regarding their alleged inability to access their homes and property were communicated to the Government on 19 October 2021. The latter did not submit observations on the admissibility and merits of the applications.

15.  By a letter dated 6 July 2023 the applicant in application no. 14681/09 was invited to submit by 3 August 2023 his written observations, together with any claims for just satisfaction. He was warned that failure to reply to the letter in question might lead the Court to conclude that he was no longer interested in pursuing the application and decide to strike it out of its list of cases. The Court’s correspondence was delivered on 8 August 2023. No reply followed.

16.  By letters dated 15 November 2022, sent by registered post, the applicants in applications nos. 19779/09 and 45691/09 were invited to submit, by 9 January 2023, written observations, together with any claims for just satisfaction. They were warned that failure to reply might lead the Court to conclude that they were no longer interested in pursuing the respective applications and decide to strike their applications out of its list of cases. The letters were delivered on 22 November 2022. No reply followed.

17.  All of the letters sent to the applicant in application no. 47954/09, including those referring to the content of Article 37 § 1 (a) of the Convention, were returned to the Court. No correspondence has been received from the applicant since August 2009.

18.  The applicant died on 20 June 2011. By letter of 4 July 2011 the Court invited his representative to submit a death certificate and information about the potential heirs who would wish to maintain the application. The application was communicated to the Government on 24 August 2011.

19.  On 5 September 2014 the representative submitted only the death certificate, with no explanation and no further correspondence regarding any potential heirs.

THE LAW

20.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

21.  The Court considers, in so far as applications nos. 12943/09, 12959/09, 13798/09, 13802/09, 13807/09, 13845/09 and 22545/09 are concerned, that the applicants failed to maintain contact with the NGO representing them (see paragraphs 5-8 above). In such circumstances the applicants may be regarded as no longer intending to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention (see, among other authorities, V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, §§ 35-36, 17 November 2016).

22.  In so far as application no. 25892/09 is concerned (see paragraphs 18‑19 above), the Court has no information about any person who would wish to pursue the application. Therefore, the Court considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention (see Léger v. France (striking out) [GC], no. 19324/02, §§ 42-51, 30 March 2009).

23.  As regards the remaining applications (see paragraphs 2-4, 9-12 and 14-17 above), the Court considers that, in the particular circumstances of these cases, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention.

24.  Furthermore, the Court observes in respect of the present 36 applications that it has already considered the general principles relating to the issues raised therein (see Georgia v. Russia (II), cited above, §§ 109‑44, 161-75, 200-22 and 292-301). Therefore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which would require the continued examination of the present cases.

25.  In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 11 April 2024.

 Dorothee von Arnim Jovan Ilievski
 Deputy Registrar President

Appendix

List of cases:

No.

Application no.

Case name

Lodged on

Applicant
Year of Birth
Place of Residence
(All the applicants are

Georgian nationals)

Represented by

1.

8090/09

Jioshvili and Others v. Russia

08/02/2009

Mevludi JIOSHVILI
1967
Kurta Village

Ms T. JAVAKHISHVILI

2.

8104/09

Sopio Gogidze v. Russia

08/02/2009

Sopio GOGIDZE
1977
Kurta Village

Ms T. JAVAKHISHVILI

3.

8121/09

Gochashvili v. Russia

08/02/2009

Lavrenti GOCHASHVILI
1950
Kheiti Village

Ms T. JAVAKHISHVILI

4.

8129/09

Iveri Gochashvili v. Russia

08/02/2009

Iveri GOCHASHVILI
1990
Kheiti Village

Ms T. JAVAKHISHVILI

5.

8133/09

Chovelidze v. Russia

08/02/2009

Ilia CHOVELIDZE
1970

Achabeti Village

Ms T. JAVAKHISHVILI

6.

8135/09

Durglishvili v. Russia

08/02/2009

Bagrati DURGLISHVILI
1952

Avnevi Village

Ms T. JAVAKHISHVILI

7.

8145/09

Kakhniashvili v. Russia

08/02/2009

Kristo KAKHNIASHVILI
1949

Kurta Village

Ms T. JAVAKHISHVILI

8.

8154/09

Gherkenashvili v. Russia

08/02/2009

Teimurazi GHERKENASHVILI
1956

Kurta Village

Ms T. JAVAKHISHVILI

9.

8168/09

Melanashvili v. Russia

08/02/2009

Nona MELANASHVILI
1971

Kekhvi Village

Ms T. JAVAKHISHVILI

10.

8180/09

Ivane Babutsidze v. Russia

08/02/2009

Ivane BABUTSIDZE
1925

Achabeti Village

Ms T. JAVAKHISHVILI

11.

8182/09

Giorgi Babutsidze v. Russia

08/02/2009

Giorgi BABUTSIDZE
1965

Achabeti Village

Ms T. JAVAKHISHVILI

12.

8202/09

Givi Babutsidze v. Russia

08/02/2009

Givi BABUTSIDZE
1936

Achabeti Village

Ms T. JAVAKHISHVILI

13.

8228/09

Kvrivishvili v. Russia

08/02/2009

Tina KVRIVISHVILI
1968

Achabeti Village

Ms T. JAVAKHISHVILI

14.

8233/09

Dali Jioshvili v. Russia

08/02/2009

Dali JIOSHVILI
1947

Kurta Village

Ms T. JAVAKHISHVILI

15.

8237/09

Megrelishvili v. Russia

08/02/2009

Megi MEGRELISHVILI
1972

Zemo Achabeti Village

Ms T. JAVAKHISHVILI

16.

8239/09

Lapachi v. Russia

08/02/2009

Nana LAPACHI
1967

Kurta Village

Ms T. JAVAKHISHVILI

17.

8240/09

Marine Kakhniashvili v. Russia

08/02/2009

Marine KAKHNIASHVILI
1963
Nuli Village

Ms T. JAVAKHISHVILI

18.

8262/09

Zangaladze v. Russia

08/02/2009

Nora ZANGALADZE
1936
Kekhvi Village
 

Ms T. JAVAKHISHVILI

19.

8375/09

Roin Babutsidze v. Russia

08/02/2009

Roini BABUTSIDZE
1965

Achabeti Village

Ms T. JAVAKHISHVILI

20.

8724/09

Terashvili v. Russia

08/02/2009

Irina TERASHVILI
1958

Beloti Village

Ms T. JAVAKHISHVILI

21.

9465/09

Gherkenashvili and Others v. Russia

06/02/2009

Maia GHERKENASHVILI
1972

Kekhvi Village

Mzevinar KAKHNIASHVILI
1963

Kekhvi Village

Nodar MELANASHVILI
1957

Kekhvi Village

Mzia NEBIERIDZE
1964

Kekhvi Village

Ms T. JAVAKHISHVILI

22.

12943/09

Tsotniashvili v. Russia

05/02/2009

Teimuraz TSOTNIASHVILI
1952
Eredvi Village

Ms N. LONDARIDZE

23.

12959/09

Kristesashvili v. Russia

05/02/2009

Nunu KRISTESASHVILI
1945
Eredvi Village

Ms N. LONDARIDZE

24.

13798/09

Aleksi Beruashvili v. Russia

05/02/2009

Aleksi BERUASHVILI
1961
Eredvi Village

Ms N. LONDARIDZE

25.

13802/09

Bezhan Tsotniashvili v. Russia

05/02/2009

Bezhan TSOTNIASHVILI
1952
Eredvi Village

Ms N. LONDARIDZE

26.

13807/09

Elguja Beruashvili v. Russia

05/02/2009

Elguja BERUASHVILI
1952

Berula Village

Ms N. LONDARIDZE

27.

13845/09

Tamar Babutsidze v. Russia

01/02/2009

Tamar BABUTSIDZE
1939
Achabeti Village

Ms N. LONDARIDZE

28.

14057/09

Givi Metreveli v. Russia

03/02/2009

Givi METREVELI
1938
Dzartsemi Village

N/A

29.

14661/09

Mikheil Kakhniashvili v. Russia

02/02/2009

Mikheil KAKHNIASHVILI
1937
Kekhvi Village

N/A

30.

14670/09

Bliadze v. Russia

02/02/2009

Merab BLIADZE
1955
Kekhvi Village

N/A

31.

14681/09

Basishvili v. Russia

10/02/2009

Grigol BASISHVILI
1979

Kurta Village

N/A

32.

19779/09

Balashvili v. Russia

12/02/2009

Merab BALASHVILI
1950

Akhalgori

N/A

33.

22545/09

Kenkadze v. Russia

23/02/2009

Eprem KENKADZE
1925
Akhalgori

Ms N. LONDARIDZE

34.

25892/09

Midodashvili v. Russia

08/02/2009

Gaioz MIDODASHVILI
1941
Gori

Mr B. BOTCHORISHVILI

35.

45691/09

Maghaldadze v. Russia

22/01/2009

Ramin MAGHALDADZE
1980

Kemerti Village

Vladimer MAGHALDADZE
1946

Kemerti Village

N/A

36.

47954/09

Maruashvili v. Russia

03/08/2009

Liana MARUASHVILI
1959

Ptishi Village

N/A